General Terms and Conditions
1. Area of application
1.1. These Terms of Business shall apply to all contracts between Maike Vygen (hereinafter: the translator) and her clients, unless the parties have agreed otherwise.
1.2. The client’s Terms and Conditions do not apply unless they are expressly acknowledged in written form as applicable by the translator.
2. Scope of services
Translations and proofreading services will be rendered with due care and professionalism. The client will receive the ordered documents in accordance with the specifications of the accepted quote.
3. Client’s duty to inform
3.1. The client must inform the translator of any special requests or specifications prior to the commencement of work on the client order (file formats, special terminology, formatting, etc.). If translated documents are to be professionally printed, the client must provide the translator with an opportunity to conduct a final check of the documents in their print-ready format.
3.2. The client shall provide the translator with all information and files necessary for the completion of the client’s order in a timely fashion (glossary, images, drawings, tables, abbreviations, etc.).
3.3. The translator is not responsible for errors resulting from the client’s failure to uphold the obligations defined in Section 3.2.
4. Rectification of deficiencies
4.1. The translator reserves the right to rectify deficiencies. The client is entitled to demand rectification of possible deficiencies contained in the translation. Should the complaint be well-founded, the translator shall improve the work delivered within a reasonable period of time. Under the condition that the parties have reasonable grounds for not accepting such rectification, they shall agree upon a reduction of the fee,
4.2. The right to rectify deficiencies must be claimed by the client in writing, stating in detail the nature of the deficiency. The client shall report complaints without delay (i.e. within ten days after the delivery of the translation) to the translator. Reporting a complaint shall in no way relieve the customer from his obligation to pay for the work delivered.
4.3. The client shall forfeit his right to submit a complaint should he have revised the translation. The same shall apply should the client have ordered a third party to revise the translation.
5.1. Liability is assumed by the translator in cases of gross negligence and/or malicious intent. Liability for petty negligence will only be accepted when primary contractual obligations have been breached. Stylistic complaints may not serve as the basis for legal claims against the translator.
5.2. The translator’s liability to the client under any contract shall not exceed the price payable to the translator by the client under the contract to which any claim relates. Faultiness or ambiguity in the text to be translated indemnifies the translator from any liability. The client shall review the translation for accuracy.
5.3. The client warrants that the materials submitted by him shall not (directly or indirectly) infringe the Intellectual Property Rights of any third parties. In this respect, the client shall indemnify the translator against any third party claim.
6.1. The translator shall treat all information entrusted to her with strictest confidence.
6.2. Any third party consulted by the translator shall be subjected to the same strict confidentiality terms as mentioned in 6.1.
7.1. Accounts should be settled no later than 30 days after the date of the invoice.
7.2. All sums specified by the translator are not inclusive of value added tax (VAT).
7.3. If no prior agreement has been reached as to the amount of the fee, payment owed for the translation shall be adequate and common for the type and difficulty of the text. In this context the fees specified in the JVEG (German Act regulating compensation payments to expert witnesses before German courts) are regarded as the minimum fees to be charged.
8. Reservation of intellectual property rights and copyright
8.1. The translator will retain property of the translation until payment has been completed. Until then, the client has no right of use.
8.2. The translator reserves her copyright.
9. Applicable law
German law is applicable for the order and any claims arising from it.
10. Severability clause
Invalidity or ineffectiveness of individual provisions shall not impair the effectiveness of the remainder of these standard terms.
Berlin, 1st of May 2012